The Myth of Judicial Activism: Making Sense of Supreme Court DecisionsYale University Press, 1 янв. 2008 г. - Всего страниц: 262 Despite the United States' ban on slave importation in 1808, profitable interstate slave trading continued. The nineteenth century's great cotton boom required vast human labour to bring new lands under cultivation, and many thousands of slaves were torn from their families and sold across state lines in distant markets. Shocked by the cruelty and extent of this practice, abolitionists called upon the federal government to exercise its constitutional authority over interstate commerce and outlaw the interstate selling of slaves. This groundbreaking book is the first to tell the complex story of the decades-long debate and legal battle over federal regulation of the slave trade. David Lightner explores a wide range of constitutional, social, and political issues that absorbed antebellum America. He revises accepted interpretations of various historical figures, including James Madison, Harriet Beecher Stowe, and Abraham Lincoln, and he argues convincingly that southern anxiety over the threat to the interstate slave trade was a key precipitant to the secession of the South and the Civil War. |
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Стр. 4
... governmental actor that is better placed to decide the relevant question, or conversely because it has blindly deferred to an actor it ought not to have trusted. That is, asking whether the Court has em- ployed the appropriate level of ...
... governmental actor that is better placed to decide the relevant question, or conversely because it has blindly deferred to an actor it ought not to have trusted. That is, asking whether the Court has em- ployed the appropriate level of ...
Стр. 5
Making Sense of Supreme Court Decisions Kermit Roosevelt. about whether judges or other governmental actors are better at determining whether a given act complies with that mean- ing. What I have tried to do, in other words, is to offer ...
Making Sense of Supreme Court Decisions Kermit Roosevelt. about whether judges or other governmental actors are better at determining whether a given act complies with that mean- ing. What I have tried to do, in other words, is to offer ...
Стр. 16
... governmental prac- tices are legion . The tax code grants preferential treatment to homeowners and married couples . State universities discrimi- nate among applicants based on test scores , grade point aver- ages , geographical origin ...
... governmental prac- tices are legion . The tax code grants preferential treatment to homeowners and married couples . State universities discrimi- nate among applicants based on test scores , grade point aver- ages , geographical origin ...
Стр. 17
Making Sense of Supreme Court Decisions Kermit Roosevelt. about a governmental choice to fund some speakers but not others, or to make funds generally available to private speakers as long as they do not express a particular disfavored ...
Making Sense of Supreme Court Decisions Kermit Roosevelt. about a governmental choice to fund some speakers but not others, or to make funds generally available to private speakers as long as they do not express a particular disfavored ...
Стр. 19
... actual outcomes of particular cases. In deciding cases, the Court does not ask whether the governmental act it reviews is consistent with the meaning of the Constitution; it asks whether the The Plain Meaning of the Constitution 19.
... actual outcomes of particular cases. In deciding cases, the Court does not ask whether the governmental act it reviews is consistent with the meaning of the Constitution; it asks whether the The Plain Meaning of the Constitution 19.
Содержание
1 | |
9 | |
Part II Easy Cases | 63 |
Part III Hard Cases | 87 |
Part IV Illegitimacy | 167 |
Part V Striking the Balance | 227 |
Notes | 237 |
Index | 247 |
Другие издания - Просмотреть все
The Myth of Judicial Activism: Making Sense of Supreme Court Decisions Kermit Roosevelt Ограниченный просмотр - 2006 |
The Myth of Judicial Activism: Making Sense of Supreme Court Decisions Kermit Roosevelt Ограниченный просмотр - 2008 |
The Myth of Judicial Activism: Making Sense of Supreme Court Decisions Kermit Roosevelt Просмотр фрагмента - 2006 |
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